The Auto Policy, Uninsured Motorist, and Total Loss Claim Toolkit

Insurance > Auto Insurance and Uninsured Motorist Claims | Published 19 January 2024 - Updated 1 March 2025 | UpLaw - uplaw.us

How this toolkit is built

Fourteen instruments. Bracketed text is for completion.

Three rules organize the set: the coverage map comes before everything; the rejection form is worth more than the accident report; and nothing gets signed before consent.

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Tool 1 — Coverage Map Worksheet

Complete before any settlement discussion. Missing a policy is the most expensive error in this practice.

AT-FAULT SIDE | Policy | Insurer | Limits | Confirmed how | Status | |---|---|---|---|---| | Personal auto liability | [ ] | $[ ]/$[ ] | ☐ dec page ☐ affidavit | [ ] | | Umbrella | [ ] | $[ ] | [ ] | [ ] | | Employer / commercial auto | [ ] | $[ ] | [ ] | [ ] | | Vehicle owner (if borrowed) | [ ] | $[ ] | [ ] | [ ] | | Motor carrier | [ ] | $[ ] | [ ] | [ ] | | Rideshare / delivery platform — period [0/1/2/3] | [ ] | $[ ] | [ ] | [ ] |

CLAIMANT SIDE | Policy | Insurer | UM | UIM | MedPay/PIP | Collision | # vehicles | |---|---|---|---|---|---|---| | Own auto | [ ] | $[ ] | $[ ] | $[ ] | $[ ] ded | [ ] | | Household member 1 | [ ] | $[ ] | $[ ] | $[ ] | | [ ] | | Household member 2 | [ ] | $[ ] | $[ ] | $[ ] | | [ ] | | Umbrella — excess UM/UIM? ☐ yes ☐ no | [ ] | $[ ] | $[ ] | | | | | Health insurance | [ ] | | | | | | | Disability | [ ] | | | | | | | Workers' compensation | [ ] | | | | | |

OTHER SOURCES ☐ Rental company / car-share platform: [ ] ☐ Credit card rental benefit: [ ] ☐ Government entity (road defect) — notice deadline: [ ] ⚠️ often 90 days or less, and jurisdictional ☐ Product manufacturer — vehicle preserved? ☐ yes ☐ no

Priority analysis: follows vehicle first → then driver. Other-insurance clauses: [ ] Total available coverage identified: $[ ]

📌 Pedestrian or cyclist claimant? Ask about every household vehicle. UM commonly reaches resident family members struck on foot or on a bike.

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Tool 2 — Declarations Page Audit

Policy: [ ] Period: [ ] to [ ] In force on date of loss? ☐ yes ☐ no

☐ Named insureds: [ ] · Garaging address current? ☐ ☐ Vehicle involved listed? ☐ yes ☐ no → coverage problem ☐ Liability: ☐ split $[ ]/$[ ] ☐ CSL $[ ] ☐ UM BI: $[ ] · UIM BI: $[ ] · stated ☐ separately ☐ combined ☐ UM property damage: $[ ] deductible $[ ] ☐ MedPay $[ ] · PIP $[ ] deductible $[ ] · coordination election: [ ] ☐ Collision deductible $[ ] · Comprehensive deductible $[ ] ☐ Rental: $[ ]/day, $[ ] max · Towing: $[ ] ☐ Gap / loan-lease payoff: ☐ yes ☐ no ☐ Number of vehicles on policy: [ ] → stacking analysis ☐ ENDORSEMENTS — list every one: [ ] ☐ Named driver exclusion — who: [ ] ⚠️ ☐ Business use ☐ Rideshare ☐ State amendatory ☐ Anti-stacking ☐ Premium breakdown by coverage and by vehicle obtained? ☐ yes

⚠️ Read the endorsements, not the summary. Every catastrophic coverage surprise in this field is on a separate page.

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Tool 3 — Underwriting File Demand

[Date] — To: [Insurer] Claim No.: [ ] Policy No.: [ ] Re: Request for policy and underwriting documentation

Please produce, within fifteen days:

1. The complete policy as issued for the period including [date of loss], with all endorsements.
2. Declarations pages for the current and three preceding policy periods.
3. The application for the policy.
4. The original signed uninsured/underinsured motorist selection or rejection form, and every subsequent such form.
5. Documentation of any cancellation and rewrite of the policy as new business.
6. All renewal offers and coverage-change solicitations sent to the insured.
7. The premium breakdown by coverage and by vehicle for each period.
8. Any anti-stacking waiver and the form used.
9. The insurer's underwriting guidelines regarding UM/UIM offers and rejections during the relevant periods.

Insurance is regulated by state law under 15 U.S.C. § 1011 and 15 U.S.C. § 1012, and this state's statutes impose specific requirements on the offer and rejection of uninsured and underinsured motorist coverage. This request is directed to compliance with those requirements.

📌 In a thin-coverage case this is the most valuable document request available. A defective rejection can result in coverage reformed to the full liability limit.

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Tool 4 — UM / UIM Math and Stacking Worksheet

State regime: ☐ excess/add-on ☐ offset/difference-in-limits — verified by: [ ] UIM trigger measured against: ☐ at-fault limits ☐ claimant's damages

1. At-fault liability limits available: $[ ] 2. Amount actually tendered: $[ ] 3. Claimant's UIM limit (per policy): $[ ] 4. Stackable? intra-policy ☐ yes ☐ no · inter-policy ☐ yes ☐ no · anti-stacking waiver valid? ☐ yes ☐ no 5. Vehicles on policy: [ ] → stacked UIM limit: $[ ] 6. Household policies stackable: [ ] → additional: $[ ] 7. Umbrella excess UM/UIM: $[ ]

EXCESS STATE TOTAL = line 2 + line 5 + line 6 + line 7 = $[ ] OFFSET STATE TOTAL = (line 5 + line 6 + line 7) with line 2 offset = $[ ]

⚠️ In an offset state, UIM at the state minimum recovers nothing when the at-fault driver carries the minimum.

Household / family exclusion present? ☐ yes — enforceable in this state? ☐ yes ☐ no ☐ unsettled Rejection form defect identified? ☐ yes — describe: [ ] → potential reformed limit: $[ ]

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Tool 5 — Consent-to-Settle Letter

[Date] — VIA EMAIL AND CERTIFIED MAIL To: [UM/UIM carrier] Claim No.: [ ] Insured: [ ] Re: Request for consent to settle with liability carrier — REQUIRES RESPONSE

1. Our client was injured on [date] by [at-fault driver], insured by [liability carrier] under policy [ ] with bodily injury limits of $[ ].
2. [Liability carrier] has offered its full available limits of $[ ]. A copy of the offer and the declarations page are enclosed.
3. Our client's damages materially exceed those limits. Enclosed are the medical records, bills, imaging, wage documentation, and treating physician opinion supporting damages of approximately $[ ].
4. Pursuant to the policy's consent-to-settle provision, we request your written consent to accept the liability tender.
5. In the alternative, you may preserve your subrogation rights by advancing $[ ] to our client within the period provided.
6. Please respond in writing within [30] days. If we do not receive a response, we will treat consent as given and will proceed, reserving all rights.
7. The release to be executed will be limited to [at-fault driver], [vehicle owner], and [liability carrier], and will expressly reserve all claims under our client's own policy.

⚠️ Do not sign any release before the response period runs.

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Tool 6 — Release Language Library

Use these. The harm in this field is done by three paragraphs of boilerplate.

Released parties — narrow.

"Claimant releases only [At-Fault Driver], [Vehicle Owner], and [Liability Insurer] (collectively, the 'Released Parties'). No other person or entity is released. Without limitation, this release does not release any insurer providing uninsured motorist, underinsured motorist, medical payments, personal injury protection, or any other first-party coverage to Claimant or to any household member; any employer of the Released Parties; any manufacturer, distributor, or seller of any vehicle or component; any governmental entity; or any other tortfeasor."

Express reservation.

"Claimant expressly reserves all claims for uninsured motorist and underinsured motorist benefits under any policy issued to Claimant or to any resident of Claimant's household, and all claims against any person or entity other than the Released Parties."

Allocation.

"The consideration is allocated as follows: bodily injury $[ ]; property damage $[ ]; loss of consortium $[ ]; wrongful death $[ ]. This allocation is based on [state the basis]."

Liens.

"Claimant will satisfy or resolve all liens and reimbursement claims arising from the incident from the settlement proceeds and will indemnify the Released Parties against such claims, provided that Released Parties disclose all liens of which they are aware and cooperate in obtaining any required reporting."

No admission.

"Payment is made in compromise of a disputed claim and is not an admission of liability."

⚠️ Read the definition of "Released Parties" in any release drafted by an adverse carrier. That single sentence is where UM/UIM claims are destroyed.

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Tool 7 — Total Loss Valuation Challenge

[Date] — To: [Insurer] Claim No.: [ ] Vehicle: [year/make/model/trim/VIN] Re: Objection to actual cash value determination

Offer: $[ ] Our valuation: $[ ]

Issue	Insurer's report	Correction	Effect
Comparable 1 — mileage	[ ]	actual [ ]	$[ ]
Comparable 2 — trim level	[ ]	actual [ ]	$[ ]
Comparable 3 — market distance	[ ] mi	local comps attached	$[ ]
"Projected sold adjustment"	−$[ ] each	unsupported; remove	$[ ]
Condition adjustment	−$[ ]	no inspection performed	$[ ]
Recent major work	not credited	receipts attached: [ ]	$[ ]
Sales tax	omitted	required in this state	$[ ]
Title and registration fees	omitted	required	$[ ]
Corrected ACV			$[ ]

☐ Enclosed: three local comparables at matching trim and mileage; repair and maintenance receipts; photographs of condition; window sticker or build sheet. ☐ Demand: payment of $[ ] plus applicable sales tax and fees within fifteen days. ☐ If not resolved: we hereby invoke the appraisal provision of the policy.

☐ Related documentation: title branding and history reporting framework at 49 U.S.C. § 30501, 49 U.S.C. § 30502, 49 U.S.C. § 30503, 49 U.S.C. § 30504, and 49 U.S.C. § 30505; theft reporting at 49 U.S.C. § 33101 and 49 U.S.C. § 33109.

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Tool 8 — Appraisal Invocation Letter

[Date] — To: [Insurer] Claim No.: [ ] Re: Demand for appraisal under Policy [ ], Section [ ]

The parties do not agree on the amount of loss. Pursuant to the appraisal provision of the policy, the insured demands appraisal.

☐ The insured's appraiser is [name, address, qualifications]. ☐ Please identify your appraiser within [twenty] days as the policy requires. ☐ The appraisers shall select a competent and impartial umpire; if they cannot agree within [fifteen] days, either party may request appointment by a court of competent jurisdiction as the policy provides. ☐ The scope of appraisal is the amount of loss only. The insured reserves all coverage positions, all claims for consequential damages, and all statutory and common-law claims arising from claim handling. ☐ Please confirm in writing whether you contend any coverage defense applies, so that the scope is unambiguous.

📌 Appraisal is faster and cheaper than litigation and is badly underused in auto total-loss disputes. See Property Insurance Claims.

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Tool 9 — Diminished Value Demand

[Date] — To: [At-fault liability carrier] Claim No.: [ ] Re: Diminished value claim — [vehicle], [VIN]

The vehicle has been repaired to a pre-loss condition as nearly as repair can achieve. It nonetheless carries a permanent accident record and is worth less in the market than an otherwise identical vehicle without one.

☐ Pre-loss value: $[ ] ☐ Post-repair market value: $[ ] ☐ Diminished value claimed: $[ ] ☐ Enclosed: appraisal by [appraiser], comparable market data on accident-history vehicles, repair invoice, and vehicle history report. ☐ This is a third-party property damage claim, not a first-party collision claim. ☐ Demand: payment within [twenty] days.

⚠️ Insurers do not volunteer diminished value. They pay it when asked with an appraisal attached.

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Tool 10 — Policy Limits Demand Template

[Date] — VIA EMAIL AND CERTIFIED MAIL To: [Liability carrier] Insured: [ ] Claim No.: [ ] DOL: [ ] Re: TIME-LIMITED DEMAND FOR POLICY LIMITS

1. Liability. [Concise statement.] Enclosed: police report; photographs; witness statements; [video]. 2. Injuries and treatment. [Summary.] Enclosed: complete medical records and bills from every provider; imaging; operative reports; the treating physician's written opinion on causation, permanency, and future care. 3. Economic loss. Past medicals $[ ]; future medicals $[ ]; wage loss $[ ] (employer verification and tax returns enclosed); loss of earning capacity $[ ]. 4. Demand. Claimant demands payment of the full available limits under policy [ ]. Please confirm the limits and produce the declarations page. 5. Deadline. This demand remains open until [date — allow a genuinely sufficient period]. If you require additional information to evaluate it, identify what you need in writing and we will provide it promptly; the deadline will be extended accordingly. 6. Liens. Known liens: [ ]. Claimant will resolve all liens from the proceeds and will provide documentation. 7. Consideration offered. On payment, Claimant will execute a release limited to [driver], [owner], and [carrier], in the form enclosed, expressly reserving all other claims.

⚠️ A demand engineered to be impossible to accept undermines the very claim it is meant to build. Give a real deadline, provide the records, and answer questions.

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Tool 11 — Bad Faith Chronology

The chronology is the claim. Build it contemporaneously, not at the end.

Date	Event	Who	Requested	Response	Days elapsed	Document
[ ]	Claim reported	[ ]	acknowledgment	[ ]	[ ]	[ ]
[ ]	Records provided	[ ]	coverage position	[ ]	[ ]	[ ]
[ ]	Demand sent	[ ]	evaluation	[ ]	[ ]	[ ]
[ ]	Follow-up	[ ]	written explanation	none	[ ]	[ ]

Standards to measure against (state unfair claims practices act): ☐ Prompt acknowledgment and communication ☐ Reasonable standards for prompt investigation ☐ Good-faith attempt at prompt, fair settlement where liability is reasonably clear ☐ Reasonable written explanation for denial or compromise ☐ No compelling litigation by offering substantially less than amounts ultimately recovered ☐ No misrepresentation of policy provisions

Private right of action in this state? ☐ yes ☐ no — if no, the act supplies the standard of care for common-law bad faith. Punitive analysis: reprehensibility [ ] · ratio [ ] · comparable penalties [ ] — BMW v. Gore, State Farm v. Campbell, Cooper Industries v. Leatherman. Discovery targets: claim file · adjuster diary entries · reserves and changes · internal evaluations and methodology · supervisory reviews · claims manuals · examiner engagement volume and compensation.

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Tool 12 — Department of Insurance Complaint Outline

☐ Complainant and policy: [name, policy number, claim number, insurer] ☐ Coverage at issue: ☐ liability ☐ UM ☐ UIM ☐ MedPay ☐ PIP ☐ collision ☐ comprehensive ☐ Chronology (attach Tool 11) ☐ What was requested and when ☐ What the insurer did or failed to do ☐ Practice complained of: ☐ failure to acknowledge ☐ failure to investigate ☐ failure to explain in writing ☐ unreasonable delay ☐ lowball evaluation inconsistent with the file ☐ misrepresentation of coverage ☐ Documents attached: policy · declarations · demand · medical package · valuation report · all correspondence ☐ Relief requested: written coverage position; payment of $[ ]; explanation of the evaluation methodology

📌 Free, and it produces a written insurer response plus a regulatory record. Use it before litigation, not instead of it.

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Tool 13 — Lien and Distribution Tracker

Lienholder	Type	Asserted	Perfected?	Basis checked	Negotiated	Final
Medicare	conditional payment — 42 U.S.C. § 1395y	$[ ]	n/a	☐	$[ ]	$[ ]
Medicaid	state recovery	$[ ]	☐	☐	$[ ]	$[ ]
ERISA plan	plan terms	$[ ]	☐	☐	$[ ]	$[ ]
Hospital	statutory lien	$[ ]	☐ check perfection	☐	$[ ]	$[ ]
Provider	contractual	$[ ]	☐	☐	$[ ]	$[ ]
Workers' comp	statutory	$[ ]	☐	☐	$[ ]	$[ ]
MedPay / PIP	subrogation	$[ ]	permitted? ☐	☐	$[ ]	$[ ]

Allocation: BI $[ ] · PD $[ ] · consortium $[ ] · wrongful death $[ ] — basis: [ ] Tax: physical injury damages excluded under 26 U.S.C. § 104; punitive damages and interest are not. Net to client: $[ ] — written distribution statement provided ☐

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Tool 14 — Pre-Loss Coverage Audit

Ten minutes. Worth more than any litigation strategy in this field.

☐ UM/UIM limits equal to liability limits? current: $[ ] / $[ ] → target: $[ ] cost to raise: $[ ]/yr ☐ Is this an offset state? ☐ yes → minimum UIM buys nothing ☐ Umbrella purchased? ☐ yes $[ ] — does it include excess UM/UIM? ☐ yes ☐ no → ask ☐ MedPay carried? ☐ yes $[ ] ☐ no → add ☐ Every vehicle listed? ☐ yes ☐ no — unlisted: [ ] ☐ Every household driver listed? ☐ yes — any named driver exclusion? ☐ yes: [ ] ⚠️ ☐ Anyone driving for a rideshare or delivery platform? ☐ yes → endorsement purchased? ☐ ☐ Anyone regularly using a non-owned or employer vehicle? ☐ yes → coverage confirmed in writing ☐ ☐ Vehicle photographed this year? exterior · interior · odometer · tires ☐ ☐ Receipts for major work retained? ☐ ☐ Premium increased at renewal? → demand the adverse action notice: 15 U.S.C. § 1681m; obtain the file: 15 U.S.C. § 1681g; dispute: 15 U.S.C. § 1681i; accuracy duties: 15 U.S.C. § 1681e; furnisher duties: 15 U.S.C. § 1681s-2; remedies: 15 U.S.C. § 1681n / 15 U.S.C. § 1681o; regulation: 12 C.F.R. Part 1022; purposes: 15 U.S.C. § 1681; permissible purpose: 15 U.S.C. § 1681b; report content: 15 U.S.C. § 1681c ☐ Declarations page and endorsement list read within the last twelve months? ☐

📌 The three rules again: map the coverage first, get the rejection form, and never sign before consent.

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